|FROM ||From: "Steve Milo"
|SUBJECT ||Re: [hangout] Re: [DMCA_Discuss] Diebold Voting Case Tests DMCA
A key point is that these electronic documents were stolen from Diebold.
This may be more a case of theft.
----- Original Message -----
From: Mike Richardson - NYLXS PRESIDENT
Date: Thursday, November 6, 2003 6:08 am
Subject: [hangout] Re: [DMCA_Discuss] Diebold Voting Case Tests DMCA
> On Wed, 5 Nov 2003, Jon O. wrote:
> > http://www.pcworld.com/new,aid,113273,00.asp
> > Diebold Voting Case Tests DMCA
> > Company invokes copyright law to quash discussion fueled by
> stolen documents.
> > Paul Roberts, IDG News Service
> > Tuesday, November 04, 2003
> > Can Diebold Systems use copyright law to pressure Netizens into
> removing links to online discussion archives stolen from the
> company in March? That question is before a federal judge.
> > The stolen archives contain conversations from online bulletin
> boards in which Diebold employees discuss problems with the
> company's electronic voting systems.
> > The ruling will test the limits of the controversial Digital
> Millennium Copyright Act (DMCA), says one legal expert. Diebold is
> invoking the copyright law in the cease and desist letters it has
> sent to universities and ISPs that linked to copies of the
> internal documents.
> > Colleges Discuss
> > At the center of the case are the Online Policy Group (OPG), a
> nonprofit ISP, and two students from Swarthmore College in
> Swarthmore, Pennsylvania. They argue that Diebold is abusing
> copyright law in an attempt to silence public debate about flaws
> in the voting systems. Their defense is being presented by the
> Electronic Frontier Foundation (EFF), representing both parties
> along with the Center for Internet and Society Cyberlaw Clinic at
> Stanford Law School.
> > The EFF and the Cyberlaw Clinic are requesting a court order to
> stop Diebold from issuing what they call "specious legal threats"
> against the ISPs of individuals who are linking to or publishing
> copies of the Diebold documents, says Will Doherty, EFF spokesperson.
> > Diebold did not respond to requests for comment.
> > The dispute between Diebold and various electronic-voting
> activists arose in March after a computer hacker compromised a Web
> server operated by Diebold. The intruder apparently made off with
> thousands of internal messages posted to Diebold online discussion
> boards concerning issues with the company's election equipment.
> The documents were leaked to the press in August.
> > A Swarthmore College group named Why War? began hosting copies
> of the documents on its Web site in September and convinced
> students at 50 other colleges and universities to do the same.
> > Diebold Objects
> > That prompted Diebold last week to try to stamp out online
> copies of the internal documents. The company sent cease and
> desist letters to a handful of U.S. colleges and universities,
> including Swarthmore, the Massachusetts Institute of Technology,
> and Harvard University, warning them they were hosting material
> that infringes on Diebold's copyrights.
> > The case has important implications for the future of the DMCA,
> and for its opponents' use of so-called fair use claims to publish
> copyrighted material, according to John Palfrey, executive
> director of the Berkman Center for Internet & Society at Harvard
> Law School.
> > While Diebold can clearly claim that the stolen material is its
> copyrighted property, fair use laws give individuals the right to
> infringe on those rights under certain circumstances, Palfrey says.
> > Typically, judges impose a four-part test for fair use claims,
> Palfrey says. They weigh such issues as the nature of the
> copyrighted work, the purpose and character of the fair use, the
> quantity of copyrighted material being infringed on, and its
> potential market value, he says.
> > On at least two of the four issues, the electronic-voting
> activists have a strong case, Palfrey suggests. Unlike digitally
> copied songs, a frequent subject of DMCA claims, the Diebold
> documents are not a form of creative expression, but a subject of
> intense political debate. Also, Diebold could not reasonably be
> expected to sell and make a profit off the documents and newsgroup
> posts, Palfrey says.
> > DMCA's Role Questioned
> > The DMCA has been invoked to stop illegal file swapping on the
> Internet, but in this case, Diebold is trying to use the law to
> quash public discussion, Palfrey says. The documents themselves
> bolster the discussion of problems with Diebold's products and the
> effect those might have on elections, Palfrey adds.
> > "You've got a political speech in an academic setting--nobody is
> trying to make any money off this. If fair use isn't upheld here,
> I'm not sure if the doctrine exists anymore," he says.
> > Nevertheless, the electronic-voting activists are not guaranteed
> a win, he adds. "The DMCA issues do muddy the water," Palfrey
> says. "I don't think this is a slam dunk on either side."
> > A loss could signal a continued expansion of copyright claims to
> cover a wide range of actions not directly related to copyright
> disputes, according to Palfrey.
> > "This is a very interesting litmus case on whether the DMCA will
> expand its reach forever or whether the judge will put his foot
> down and say there is fair use here and the DMCA is for other
> purposes," Palfrey says.
> > Regardless of the outcome in court, the EFF and others intend to
> pursue injunctions against Diebold to stop the cease and desist
> letters, the EFF's Doherty says.
> > "We want to make sure that OPG clients and students have the
> ability to post Diebold documents without fear of copyright
> infringement charges being brought against them," he says.
> > _______________________________________________
> > ------------------------
> > http://www.anti-dmca.org
> > ------------------------
> > DMCA_Discuss mailing list
> > DMCA_Discuss-at-lists.microshaft.org
> > http://lists.microshaft.org/mailman/listinfo/dmca_discuss
> NYLXS: New Yorker Free Software Users Scene
> Fair Use -
> because it's either fair use or useless....
> NYLXS is a trademark of NYLXS, Inc
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc